Q and As

Our Q and As are examples of some of the recent questions that the Practice Advice Service has helped solicitors with. If you cannot find the answer you need, contact us.

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How do I bring a claim where probate or letters of administration have not been granted?

I’m acting for a local authority bringing a claim for unpaid council tax against a deceased person’s estate. They did not leave a will and...

What should I do if my client loses capacity?

I’m acting in a civil litigation matter and have concerns about my client’s capacity. What should I do?

What do we need to include in our policy on handling cash?

We limit the amount clients can pay in cash at the office, but how can we deal with the risk of clients paying cash directly...

What’s the procedure for executing a deed of transfer?

I’m acting for a couple in the sale of a property. Both clients signed the transfer in the same attestation clause. Their signatures were witnessed....

Can my client use bitcoin to purchase property?

My firm is instructed to act in the cash purchase of a property. The purchase money is from the client’s investment in bitcoin. What should...

My client’s deeds have been lost in the post. Who’s responsible for the replacement?

I act for a buyer. The seller’s solicitor claims the property deeds they posted have been lost in transit. Who is responsible for the cost...

I received files in error meant for the other side’s client. What should I do?

I received files from the other side' solicitor meant for their client. Can the information be used in support of my clients’ case?

When is an executor entitled to the original will of a deceased client?

My firm drafted and holds the will of a recently deceased client. When is an executor named in a will entitled to the original will?

Does a personal representative with power reserved need to be named in a contract for sale?

I’m administering an estate. One personal representative is named in the grant and the other two have power reserved. I’m preparing a contract for sale....

What should I do if a litigant in person loses capacity?

I act in civil proceedings where the defendant is a litigant in person. I’ve been advised that the LiP has lost capacity. How do I...

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